3745-80-03
Anti-tampering inspection procedures and requirements.

[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see paragraph (M) of rule
3745-80-01 of the Administrative
Code titled " referenced materials."]

(A)
For the purposes of investigating
reported tampering violations and conducting routine audits to determine
compliance with sections
3704.16 to
3704.162 of the Revised Code,
the director may inspect, during normal business hours, any motor vehicle or
documents located at a motor vehicle facility.

(B)
All anti-tampering inspectors shall
satisfactorily complete the training required to receive a designation of
authorized representative of the United States environmental protection agency
for the purpose of conducting anti-tampering investigations or other motor
vehicle anti-tampering training approved by the director. Each anti-tampering
inspector who satisfactorily completes the training shall be issued a
certificate by the Ohio environmental protection agency. The certificate shall
be valid for three years from the date of issuance. Renewal anti-tampering
training may be required in order to renew the certificate. If an inspector
fails to satisfactorily complete any required renewal training prior to the
certificate expiration date, the inspector shall surrender the
certificate.

(C)
Upon receipt of a
reported anti-tampering violation regarding a motor vehicle facility, or for
the purpose of inspecting a motor vehicle facility to determine compliance with
sections 3704.16 to
3704.162 of the Revised Code,
anti-tampering inspectors shall inspect a variety of motor vehicle makes, model
years and types so as to provide an adequate cross section of the motor
vehicles offered for sale at the motor vehicle facility.

(D)
During motor vehicle facility
investigations, or investigations of reported violations, pursuant to paragraph
(G) of rule
3745-80-02 of the Administrative
Code, anti-tampering inspectors shall inspect the motor vehicle emission
systems in accordance with the procedures listed in the statewide
anti-tampering procedures manual. Motor vehicles shall be inspected for
compliance with the original manufacturer's United States environmental
protection agency design specifications. After-market replacement parts and
add-on and modified parts meeting the performance criteria specified in
volume 40 of the
Code of Federal Regulations, Part 85, Subpart V; the requirements of the United
States environmental protection agency policy document, memorandum 1A or have
not otherwise been found in violation of the anti-tampering provisions of the
Clean Air Act , are considered to
be in compliance with this chapter.

(E)
The emission system reference manual or
the motor vehicle emission control information (VECI) label located on each
motor vehicle shall be used to determine the motor vehicle emissions systems
requiring inspection. If a conflict exists, the VECI label shall take
precedence. The emission systems subject to inspection may include, but not be
limited to the following: